Welcome to Libertas Chambers Leading specialists in Business Crime, Professional Discipline & Asset Recovery

Libertas is a dynamic and progressive chambers, offering a range of specialisms across a national presence.

"A very bright individual who is particularly good at cases involving a great deal of evidence."
Chambers & Partners 2027 - James Walker KC

Libertas Chambers

A Forward-thinking set of chambers with a national presence

Libertas Chambers boasts an impressive array of experienced barristers in several practice areas.  We took advantage of recent challenges to rethink the model of a chambers based on criminal and regulatory law and set up on a virtual basis.

This enabled us to create a national service for solicitors and clients by having high quality conference suites in major cities. In London we retain premises in the heart of the City.

Our members provide a high-quality service with access to modern facilities throughout the country.

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Areas of Practice & Expertise

Our carefully selected and highly skilled collection of experts provide a national and international service to all Libertas clients. Providing you with a first-class advocacy and advisory service across the following areas (and many more).

If you would like to discuss an alternative area of law please contact our clerking team who will provide you with immediate advice and support.

Business Crime

Our barristers have established national and international reputations for their expertise, experience and confidence in Fraud, Financial Services and Business Crime and Compliance – they are consistently ranked as leaders in the field. We advise and represent individuals and entities in relation to financial, regulatory, and fraud investigations in the UK, and overseas. Our clients include financial institutions and corporations, as well as: politicians entrepreneurs company directors and chief executives chartered accountants lawyers IFAs and medical and other professionals We therefore have accumulated experience dealing with the Financial Conduct Authority, Serious Fraud Office, National Crime Agency, HMRC, National Trading Standards, FACT, as well as other investigating and prosecuting bodies. International Business Crime Many of our cases have an international dimension and we are accordingly experienced dealing with overseas authorities including the US Department of Justice, the Securities and Exchange Commission and EU, Indian and Australian authorities. Practitioners specialise in trans-jurisdictional terrorist financing, proscribed wildlife trading, and export control violations. Members of our team have previously worked in the banking and commercial sectors and within their regulatory regimes. Others have had advisory and disciplinary roles regulating the accounting (FRC, ACCA, CIMA) and medical (GMC) sectors.  Some of us prosecute for these agencies as well as defending, and advise on and conduct internal investigations, or act as disclosure counsel. We understand how regulators and prosecution authorities work. Practitioners lecture and advise on corporate responsibility for human rights. We are often involved in an advisory role at the start of regulatory or criminal investigations. Our experience, attention to detail and dedication to our clients assists them in responding appropriately with the object of avoiding prosecution. When proceedings are commenced, we work to ensure that our clients receive the best advice and representation and, most importantly, a fair hearing. Business Crime Conduct Our work covers a wide range of conduct, recently including: Bribery and corruption, including European government officials Cartel Offending Commercial property fraud Corporate compliance with human rights obligations Environmental protection, including carbon credit and land fraud, wildlife trading and international illegal logging EU, National and Devolved Government grant scheme frauds Export Control violations Fraud and cheating in the sports sector (cricket, rugby, horse-racing) Fraudulent trading Insider trading, market manipulation and abuse Insolvency and bankruptcy offending Intellectual property theft Investment (boiler-room) fraud and Ponzi mis-selling Money laundering, restraint orders, confiscation and asset forfeiture Pension mis-selling and liberation frauds Professional discipline Tax Evasion SPV’s inc. film and insurance schemes MTIC & carousel fraud PAYE, payroll and C.I.S. frauds Duty diversions Terrorist financing Trading Standards prosecutions in clothing, energy switching and ticketing sectors Web-site ghosting and internet advance-fee frauds Whistle-blowing and deferred prosecution agreements We advise and represent well-known corporate clients and individuals in sensitive situations with discretion as well as vigour. Please call our Clerking team on 020 7036 0200 to discuss any particular requirements you may have.

Criminal Defence

Libertas Chambers brings together some of the country’s leading criminal defence specialists, working in London, nationally, and internationally. Our team of accomplished barristers, including renowned King’s Counsel and exceptional juniors, is dedicated to providing unparalleled representation at every level of the criminal justice system. From the Court of Appeal to the Supreme Court or the Magistrates’ Courts to the Crown Court, Libertas Chambers is committed to delivering quality and strategic legal advice. Why Choose Libertas Chambers’ Criminal Defence Barristers? Choosing Libertas Chambers means benefiting from our team of leading criminal defence specialists, with a proven track record in handling high-profile cases. Our commitment to excellence is evident in our involvement in landmark cases such as R v Jogee [2016] UKSC 8, and R v Lewis [2017] EWCA Crim 1734. Our barristers bring their wealth of experience to the table, providing expert legal advice and a steadfast dedication to you and your proceedings. Libertas Chambers accepts instructions in both publicly and privately funded work. Our barristers provide specialist and strategic advice at all stages of a criminal case, from pre-charge investigation through to trial and appeal. Our team delivers quality representation at every stage of criminal proceedings. Choosing Libertas Chambers means entrusting your case to skilful legal professionals who set the standard for excellence in criminal defence practice, ensuring that your rights and interests are safeguarded with the utmost determination and diligence Our Criminal Defence Barristers’ Expertise Libertas Chambers takes pride in the diverse experience and expertise of its barristers, who are regularly instructed in key areas of criminal defence practice. Our areas of specialisation include, but are not limited to: Appellate Homicide Corporate manslaughter Terrorism Drug trafficking Serious and organised crime, including corruption and bribery International crime Human trafficking Modern Slavery Fraud Cyber crime Robbery Serious assaults Kidnaping Serious sexual offences Environmental health offences Trading standards prosecutions RSPCA prosecutions Our criminal defence barristers also provide select expert advice to external authorities. They are actively involved in delivering training and lectures on current legal topics to fellow members of the legal profession, experts, and individuals within the broader criminal justice system (and beyond). Contact Libertas Chambers’ Criminal Defence Barristers Libertas Chambers’ experienced criminal defence barristers are here to help if you require expert legal representation in any criminal matter. Our team of leading specialists is committed to providing strategic and high-quality advocacy at every stage of the criminal justice process. Contact us today to discuss your case with a skilled criminal defence barrister. You can call 020 7036 0200 or complete the form on our contact page. Criminal Defence Barrister FAQs Why do I need a criminal defence barrister? Engaging a Libertas Chambers criminal barrister ensures that you have a dedicated legal professional with extensive expertise in criminal defence. Our barristers navigate the complexities of the legal system, providing strategic counsel and robust representation at all stages of your case. What are the main differences between a criminal barrister and a solicitor? While solicitors predominantly handle legal matters outside the courtroom, criminal barristers specialise in advocacy in the court room – working together they prepare and present a case to the court. At Libertas Chambers, our barristers bring a wealth of experience in the intricacies of criminal law, offering specialised expertise and advocacy skills crucial for a robust defence. What is the process of instructing a criminal defence barrister? Instructing a criminal barrister at Libertas Chambers is designed to be accessible, efficient, and tailored to your legal needs. You can instruct any of our criminal defence barristers through your existing solicitor. You can also directly engage some of our experienced barristers through the Public Access Scheme. This scheme allows individuals and organisations to instruct a barrister directly without the need for a solicitor. To initiate the process, you can begin by contacting our experienced clerks, who are adept at guiding clients through the seamless procedure of instructing a Libertas barrister. Our clerks will discuss the details of your case, ensuring that it aligns with the expertise of the most suitable barrister within our chambers. This direct engagement allows for clear communication and a personalised approach to address your legal concerns. Upon confirmation of instruction, your chosen barrister will carefully review the details of your case, providing expert legal advice, strategic planning, and robust representation. Libertas Chambers is committed to delivering exceptional service at every stage of the criminal justice process. The process of instructing a barrister through the Public Access Scheme exemplifies our dedication to accessibility, expertise, and client-focused representation.  

Regulatory Law

Our members have substantial experience defending individuals and companies in regulatory law matters before professional tribunals or the First-tier Tribunal (General Regulatory Chamber) and above. What distinguishes us from other regulatory barristers specialising in regulatory work is that clients will benefit from our skills and experience as criminal advocates. WHAT IS REGULATORY LAW? Many professions are regulated by professional standards boards and codes of conduct. These codes of conduct can be subject to frequent change and are becoming more demanding and sophisticated and, in some cases, opaque. If a regulatory agency believes that offences have taken place, they have broad powers of investigation. They can conduct inspections, seize documents, compel suspects to answer questions, conduct interviews under caution, serve statutory notices, and take enforcement action, including prosecution. If you need help, our regulatory law barristers can provide legal support and representation. REGULATORY LAW OUR BARRISTERS SPECIALISE IN Our members specialise in many areas of regulatory law, including: Professional Discipline Regulatory Prosecutions We can assist with regulatory bodies, including: – The Financial Services Authority – The Health and Safety Executive – Food Standards Agency – The Department for Business, Innovation and Skills – Environment Agency – HM Revenue & Customs WHY CHOOSE OUR REGULATORY BARRISTERS? Contentious regulatory law work often requires a robust defence, strategic advice and preparation, and skilful cross-examination of witnesses. The lack of hard-fought trial experience in some regulatory practitioners means that the witnesses may not be put under the degree of sustained pressure in cross-examination that the client is entitled to and expects. We believe that any individual or corporate entity facing a serious regulatory law accusation is entitled to the same robust defence as a defendant in a criminal case. The consequence of a false regulatory accusation can be just as damaging and life-changing as a false accusation of a criminal offence. Professionals can be vulnerable to malicious complaints. The only way to tackle these successfully is to use the skills honed in the criminal courts to uncover false accusations. We understand that these cases often cross over between criminal, civil, regulatory and disciplinary proceedings. We are also very aware of both the commercial and emotional impact these cases can have on clients and have a lot of experience supporting our clients through the challenges. We are also well-versed in working with insurers, unions and defence organisations. The regulatory law team includes trained mediators and members with experience working within the City and in-house with regulators. Contact Our Regulatory Law Barristers If you would like to speak with a member of our team, there are plenty of ways to contact Libertas Chambers. Our clerks will be only too happy to recommend the most appropriate barrister or combination of barristers for each individual case.

Civil Litigation

There can often be a very thin line between conduct which is criminal in nature or which amounts to commercial fraud only. The correct advice and selecting the right remedy can make all the difference. Some cases are best left to be prosecuted in criminal courts, where the offender faces the prospect of penal consequences. In other cases, seeking remedies in a commercial or a civil court may be more expedient for you to recoup your losses. And then, there are cases where you may want to explore both possibilities simultaneously. Types of Civil Litigation Civil litigation can encompass a broad range of disputes that will directly enact a number of legal matters. A civil litigator will therefore tend to specialise in a specific practice area. Some of the most common types of civil litigation include: disputes and laws that encompass landlords and tenants environmental law products liability intellectual-property disputes construction medical malpractice employment and labour issues anti-trust laws real estate worker’s compensation, and education law Our Civil Litigation Barristers At Libertas, we pride ourselves on having barristers who have vast experience in multiple domains. We can advise you on selecting the correct remedy for your situation. We assist you with advice that lets you form an informed view. Our members routinely provide pre-litigation advice that helps you form a comprehensive legal overview of your situation and the possibilities. Contact Libertas Chambers today to discuss representation for any civil litigation matter.

Public Law & Human Rights

Libertas Chambers is nationally recognised for defending individual rights and challenging unlawful decisions made by public authorities. Our highly experienced public law and human rights barristers regularly appear in the Administrative Court and Upper Tribunal and international forums. We help our clients pursue public law challenges against all public authorities, including government departments, courts and tribunals, coroners, the police, housing authorities, schools and prisons. Judicial Review Judicial Review proceedings enable challenges to decisions made by Courts and Tribunals, by regulators and by bodies whose public functions impact individuals and companies. This jurisdiction is an essential protection of the individual’s rights against administrative irrationality or excess. We have specialist experience seeking Judicial Review in cases flowing from our other practice areas, challenging decisions in criminal and quasi-criminal investigations. Members have acted for claimants seeking to challenge decisions made by the police, the Ministry of Justice, the Home Office, the Crown Prosecution Service, the Criminal Cases Review Commission (CCRC), the Information Commissioner, the Asset Recovery Agency, the Legal Services Commission, the Magistracy, Judges and various Tribunals. These cases have included: challenges to the lawfulness of pre-charge search warrants decisions to prosecute children actions by solicitors resisting Special Procedure search warrants challenges to the legality of the application of the sending procedure by Magistrates Courts preserving the anonymity of young offenders in extreme cases the applicability of the reasonable time requirements in Article 6 to enforcement of Confiscation Proceedings decisions on appellate referral by the CCRC treatment of prisoners and the review of Parole Board decisions. Criminal Trials Within the criminal trial process, our members have expertise at first instance on: domestic appeal and applications in the European Court of Human Rights and the OHCHR challenging a range of human rights violations, as well as the compatibility of primary and secondary legislation with the European Convention for the Protection of Fundamental Human Rights and Freedoms (ECHR) such as the hearsay provisions in CJA 2003, the reverse burden in s.90 Financial Services Act 2012 the Attorney-General’s exercise of the right of nolle prosequi We act nationally and internationally for people whose human rights are in issue in other forums, including actions against the police, extradition, international law, prisoners’ rights, and at Coronial Inquests. Why Choose Our Human Rights Barristers? As a leading human rights barrister chambers, Libertas Chambers offers unparalleled expertise in public law challenges, international human rights law, and complex judicial reviews.” Libertas Chambers’ members have advised and acted on behalf of individuals, governmental organisations and major NGOs in providing international human rights expertise. Our members provide advice and representation in cases concerning Prison Law, including issues relating to prisoners’ welfare, Parole Board hearings, and the release and recall of prisoners. Coronial Inquests engage the rights of many groups; members have experience representing interested parties, insurers and the families of the deceased. We offer particular expertise where there is a potential engagement of criminal or regulatory proceedings, acting for insurers and their policyholders. If you’re seeking expert advice from experienced public law and human rights barristers, contact Libertas Chambers today to discuss your case. Frequently Asked Questions About Public Law and Human Rights Barristers What is a public law barrister? A public law barrister specialises in cases involving the rights and responsibilities of public authorities, government bodies, and individuals. They help challenge unlawful decisions or actions taken by public entities, often through judicial review proceedings. What does a human rights barrister do? Human rights barristers advocate for individuals or groups whose fundamental rights have been violated. They handle cases involving unlawful detention, discrimination, freedom of expression, or breaches of international human rights conventions like the European Convention on Human Rights (ECHR). How can Libertas Chambers help with judicial review? Our public law barristers are experienced in judicial review proceedings, helping clients challenge decisions made by public authorities, tribunals, and regulators. We provide expert advice, prepare detailed applications, and represent clients in court to protect their rights and ensure accountability. What types of human rights cases do you handle? Our human rights barristers handle a wide range of cases, including: Violations of prisoners’ rights. Extradition matters. Actions against the police for misconduct. Challenges to legislation or government actions that breach human rights laws. Can you help with international human rights cases? Yes, members of Libertas Chambers are experienced in representing clients in international human rights matters, including applications to the European Court of Human Rights (ECHR) and the Office of the High Commissioner for Human Rights (OHCHR). Do you assist with coronial inquests involving human rights issues? Yes, our barristers regularly represent clients in coronial inquests, particularly where human rights issues arise. We act for families, insurers, and other interested parties to ensure fair representation and resolution. Why choose Libertas Chambers for public law and human rights cases? Libertas is a leading public law and human rights barrister chambers. Our members have extensive experience handling complex cases, from judicial reviews to international law disputes. We offer tailored advice, robust representation, and a proven track record of success in defending individual rights. How do I instruct a barrister at Libertas Chambers? You can contact us directly to discuss your case or seek advice on instructing a barrister. If a solicitor represents you, they can also engage one of our members on your behalf.  

Private Prosecutions

The prosecution of alleged criminals for wrongdoing is generally the domain of the Crown and its specialist agencies. But increasing budgetary constraints on investigating and prosecution agencies mean that many miscreants can avoid being held to account in the Criminal Courts for their actions. Why Private Prosecutions? When State prosecutors decide they cannot or will not prosecute, the law allows private individuals to prosecute allegations of wrongdoing. Initiating a private prosecution puts you in court as the prosecutor, adopting the mantle of the prosecution agency. Who Can Bring A Private Prosecution? A private prosecution can be brought by any individual or company – it is not solely an option for the police, CPS or government agency. In the past, private prosecutions were more common among charitable or public interest bodies. But more recently, section 6(1) has been increasingly used by individuals and commercial entities as an alternative to or alongside civil litigation. Which offences can be privately prosecuted? Subject to certain exceptions, private prosecutions can be brought for a wide range of offences where the CPS have not initiated criminal proceedings, including: Fraud Property disputes Assault Sexual offences Harassment Perverting the course of justice Blackmail Manslaughter/murder Private Prosecution Barristers Private prosecutions are a specialist area of the law. The right to prosecute, and seek punishment of offenders, brings with it the responsibility of ensuring a fair trial and the obligation to conform to all the rules applicable to any prosecuting agency. Those rules are often complex and diffuse. At Libertas Chambers, our barristers are experienced in liaising with potential prosecuting authorities and advising how to assemble the best case for the prosecution, taking the case to court and seeking justice, even where the Crown Prosecution Service or other prosecution agencies cannot or will not act. Importantly, this includes continuing advice on the recovery of compensation and some or all of litigation costs from defendants or Central Funds. We start by helping you assess your evidence, advising you on the right forum in which to litigate and on the merits of your case, then working with the best private prosecution solicitors to put together and finally present your case at trial, ensuring continuity of representation and consistency of approach. Members of chambers can offer advice about the particular issues that arise in private prosecutions, including: the prospects of success, applying for and resisting the issue of a summons, applications to the Director of Public Prosecutions to take over and stop a prosecution, presenting and resisting abuse of process arguments recovery of costs. If you would like to find out more information about private prosecutions, please contact our clerks to arrange an initial consultation to discuss the merits of your case.

International Criminal Law

At Libertas Chambers, our barristers are distinguished experts in international criminal law, specialising in a range of serious international offences, including genocide, war crimes, and crimes against humanity. Our team provides robust representation in international courts and tribunals, offering both advisory and litigious solutions. If you require legal expertise that navigates complex international jurisdictions with precision, contact us today to see how we can assist in your case. Our Expertise in International Criminal Law At Libertas Chambers, we provide specialised legal representation in international criminal law, boasting a team of barristers experienced in high-stakes international cases. Our expertise encompasses a wide range of severe international crimes, such as: Genocide Torture Crimes against humanity War crimes (including cases tried in military tribunals) We are equipped to handle complex legal challenges across various international forums, ensuring meticulous advice, effective advocacy, and dedicated support tailored to each case’s unique demands. Whether navigating international criminal courts or engaging in detailed advisory roles, our barristers are committed to delivering justice and upholding the rule of law globally. Why Choose Our International Criminal Law Barristers? Our barristers at Libertas Chambers bring extensive experience in international criminal law, having represented clients before International Criminal Courts and Tribunals. Their expertise includes complex appeals involving genocide, crimes against humanity, and joint criminal enterprise. Our members’ expertise extends to navigating universal and extraterritorial jurisdiction, transnational human trafficking, statelessness, and citizenship issues. They are adept at advising on complementarity issues in international criminal law investigations, the intersection of domestic criminal law with international crimes, and related matters involving International Humanitarian Law, Human Rights, and Terrorism as an international crime. Areas of Specialisation International Terrorism Law: Our members have a distinguished record in handling international terrorism cases, representing clients in both domestic and international courts, including trial and appellate levels. Extradition and Financial Crime: We are also recognised for our expertise in extradition law, especially in cases involving multinational financial crimes. Additional International Engagements: Our barristers have contributed their expertise across the Commonwealth and in the Judicial Committee of the Privy Council, dealing with death penalty cases abroad. We proudly list members who serve at the International Criminal Court (ICC) and the Kosovo Specialist Chambers (KSC) in The Hague, as well as those who have appeared in the Extraordinary Chambers in the Courts of Cambodia (ECCC).

Health and Safety Law

At Libertas Chambers, our Health and Safety barristers provide specialist representation in all aspects of Health and Safety law. We defend both corporate and individual clients facing investigation or prosecution by the Health and Safety Executive (HSE), local authorities, and other regulatory bodies. We appear regularly in the Magistrates’ Court, Crown Court, Coroner’s Court, and before specialist tribunals. With backgrounds as seasoned criminal advocates, we bring courtroom rigour and strategic clarity to complex regulatory cases. We are trusted to handle the most serious, high-stakes situations where reputations, livelihoods, and even liberty are on the line. Understanding Health and Safety Law and HSE Enforcement Health and Safety law sets out the duties of employers, managers, and organisations to protect employees, contractors, and members of the public. Breaches can result in: Multi-million pound fines for corporate defendants Director disqualification Custodial sentences for individuals Investigations are usually led by the HSE or local authorities. Their powers include site inspections, issuing prohibition or improvement notices, seizing documents, and bringing criminal prosecutions. When to Instruct a Health and Safety Barrister Our barristers provide advice and defence in a wide range of cases, including: HSE prosecution defence under the Health and Safety at Work Act 1974 Corporate manslaughter and gross negligence manslaughter investigations Defending directors facing personal prosecution or disqualification Appeals against prohibition and improvement notices Workplace fatalities and serious injury cases Strategic advice during HSE interviews under caution Representation at inquests and public inquiries Liaising with insurers, crisis management teams, and company directors We represent individuals, directors, and organisations across all industries. Current Trends in Health and Safety Prosecutions In recent years, the courts have imposed consistently tougher penalties in HSE cases. Fines for large organisations often run into millions of pounds. Directors are increasingly exposed to personal liability, including disqualification and imprisonment. Sentencing Guidelines for Health and Safety offences (introduced in 2016) have led to higher penalties, with courts assessing culpability, risk of harm, and the turnover of the business. Our barristers stay at the forefront of these developments, ensuring our clients receive up-to-date, strategic advice. Why Choose Libertas Chambers Health and Safety cases demand speed, strategy, and robust advocacy. Investigations often move quickly and attract significant media attention. Unlike some regulatory specialists, our barristers are experienced criminal advocates, skilled in cross-examination and challenging the prosecution’s evidence. We combine courtroom confidence with commercial awareness, ensuring the best possible defence. Our members also bring expertise in related areas such as environmental enforcement, civil litigation, employment law, and public inquiries. This multi-disciplinary approach ensures no issue is overlooked. Representation at Inquests and Public Inquiries We act for companies, directors, families, and public bodies at inquests following workplace fatalities. Our barristers handle these sensitive proceedings with discretion, professionalism, and a focus on protecting reputational and legal interests. We also represent clients at public inquiries, guiding them through complex procedures with clarity and authority. CONTACT OUR HEALTH AND SAFETY BARRISTERS If you are facing an HSE investigation, prosecution, or inquest following a workplace incident, we can help. Our clerks are available to recommend the most suitable barrister or team for your case. Health and Safety Law FAQs What penalties can result from a breach of Health and Safety law? Fines can reach millions of pounds. Directors may face disqualification or, in the most serious cases, imprisonment. When should I instruct a Health and Safety barrister? As soon as you receive an enforcement notice, an invitation to an HSE interview under caution, or become aware of an investigation. Early advice is critical. Do you defend directors personally? Yes. We defend directors and managers facing personal liability, prosecution, disqualification orders, and even custodial risk. What are the latest sentencing trends in HSE cases? Since the Sentencing Guidelines were introduced, penalties have increased dramatically. Courts are handing down consistently higher fines and tougher sentences for both organisations and individuals. Can a director go to prison for health and safety breaches? Yes. Directors can face custodial sentences if found personally responsible for serious breaches, particularly in cases of corporate manslaughter or gross negligence. How do the Health and Safety Sentencing Guidelines affect my case? The Guidelines require courts to consider culpability, risk of harm, and the organisation’s turnover. This often results in higher fines and more severe penalties than before 2016. Do you provide national coverage? Yes. Libertas Chambers barristers represent clients in courts, tribunals, inquests, and inquiries across England and Wales.  

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Latest News
Dr Felicity Gerry KC Responds to Law Commission Consultation on Homicide Reform Dr Felicity Gerry KC has responded to the Law Commission of England and Wales’s consultation on homicide offences. In addition to disagreeing with the proposed structure, she raised concern that complicity law was excluded . She also calls for wider reform, including the abolition of mandatory life sentences and greater consideration of complete defences for those affected by trauma. In a submission filed on 29 September 2026, Felicity warned that the consultation covers only a portion of homicide and does not review complicity law. She argued that this separation creates serious limitations and risks encouraging over-charging. She urged the Commission to wait for the report of the Westminster Commission on Joint Enterprise before finalising its proposals. Felicity supported alternative proposals for a three tiered homicide proposed by Professor Matthew Dyson, as follows: (1)​ Murder (mandatory life sentence) (a) Killing intentionally. (2)​ Aggravated culpable homicide (maximum sentence of life imprisonment (discretionary)) (a) Killing where the offender intended to cause serious injury and was aware that there was a significant risk of causing death. (3)​ Culpable homicide (maximum sentence of life imprisonment (discretionary)) (a) – intending injury: Killing where the offender intended to cause serious injury. (b) – risking injury: Killing where the offender intended to cause some injury or a fear or risk of injury, and was aware of a significant risk of causing death. (c) – through [insert defence, e.g., loss of self control]: Killing in which there is a partial defence to what would otherwise be murder. (d) – through gross negligence: Killing through gross negligence as to a risk of causing death. (e) – through a criminal act: Killing through a criminal act: (i) intended to cause injury and there was an objective risk of cause serious injury; or (ii) where the offender was aware that the act involved a significant risk of causing serious injury.   Felicity added a fourth tier to his proposed structure with the secondary party’s role specified in subsections: Tier 4(a): helping the principal offender in a way that knowingly, intentionally and significantly contributes to the homicide tier. Tier 4(b): commanding or advising the principal offender in a way that knowingly, intentionally and significantly contributes to the homicide tier. In addition to further comments on homicide and sentencing, Felicity raised the following key points: Partial defences and labelling: she supported clearer labelling but opposes calling a killing “murder” where a partial defence applies, and she is very concerned by the suggestion that partial defences should not apply to second-degree murder. Complete defences: she urged the Commission to look beyond partial defences and to develop complete defences, including for victim-perpetrators acting under duress, involuntarily, automatically or as a result of long-term trauma. Modern slavery: she recommended amending Schedule 4 of the Modern Slavery Act so that trafficked persons involved in homicide offences, whether as principals or accessories, can access a modern slavery defence. Non-conviction outcomes: drawing on her work in Victoria Australia, she recommended that the Commission consider a non-conviction sentencing outcome, as in section 8 of the Sentencing Act in Victoria. She said it is particularly suited to infanticide and “mercy” or consensual killings, and more generally to endangerment offences.
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Simon Csoka KC Named Crime and Extradition Silk of the Year Libertas Chambers is delighted to congratulate Simon Csoka KC, Head of Chambers, who was named Crime and Extradition Silk of the Year at The Legal 500 Bar Awards. The award was presented at the annual ceremony, which brings together members of the legal profession to recognise achievement across the Bar. Simon’s award is a significant recognition of his work in the fields of crime and extradition and marks a proud moment for Chambers. Everyone at Libertas Chambers congratulates Simon on this achievement. The evening also provided an opportunity for members of Chambers to join colleagues from across the profession in celebrating the work of barristers, chambers and legal teams recognised by The Legal 500. Further information about The Legal 500 Bar Awards can be found on The Legal 500 website.
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Dr Felicity Gerry KC Co-Signs Open Letter on IPP Sentences Dr Felicity Gerry KC has co-signed an open letter to the Prime Minister, the Secretary of State for Justice and the Parole Board, renewing pressure for urgent action on Imprisonment for Public Protection (IPP) and Detention for Public Protection (DPP) sentences, building directly on her own report to the UN Special Rapporteur on Torture and the Rapporteur’s subsequent findings against the UK Government. The open letter, dated 4 September 2026, was sent by Dean Kingham and John Turner of Nicholls and Nicholls Solicitors. Addressed to the Prime Minister and Secretary of State for Justice, and copied to the CEO of the Parole Board, it warns that the Government’s commitment to resolve the IPP injustice “by the end of this Parliament” cannot be reconciled with the urgency of two recent developments. First, the UN Working Group on Arbitrary Detention has found the continued post-tariff detention of five IPP petitioners to be without legal basis under international law, while the Government still owes a formal response to the UN Special Rapporteur on Torture over the “inhumane/degrading treatment” experienced by IPP prisoners. Second, the Court of Appeal’s judgment in Haycock v R [2026] EWCA Crim 1105 recognised a “clear and urgent need” for a system capable of identifying prisoners unlawfully held under IPP or DPP sentences who have never appealed. The letter sets out five measures for immediate adoption: a proactive government-led audit of all remaining IPP/DPP sentences; a conditional pardon or equivalent statutory mechanism to reduce sentences to time served; an experienced practitioner review team applying a clear presumption in favour of release; a distinct, expedited priority category within the Parole Board’s existing IPP Taskforce; and urgent review of all IPP cases currently awaiting an oral hearing, so release is not delayed where it is already justified on the existing evidence. The intervention builds directly on Dr Gerry’s own submission to the UN Special Rapporteur on Torture, filed in February 2026 on behalf of eight IPP prisoners who had, on average, served 516 per cent of their original tariff. That report documented a “dystopian” system amounting to cruel, inhuman and degrading treatment, fed into the Special Rapporteur’s escalating correspondence with the UK Government. In her most recent communication of 24 June 2026, Dr Alice Jill Edwards reiterated “in pressing terms” her concern that IPP sentences have become forms of “psychological torture and/or other psychologically cruel, inhuman and degrading punishment,” noting that of the 946 people still serving IPP sentences, 99.6 per cent remain in custody beyond tariff and 73 per cent have already served ten years or more over tariff. She renewed her call for a full, or at minimum partial, re-sentencing exercise for all remaining IPP prisoners. Dr Gerry, instructed pro bono throughout by Dean Kingham on behalf of over 90 people affected by IPP sentencing, continues to press the case that indefinite detention under a scheme abolished more than a decade ago remains one of the most pressing human rights issues in the UK criminal justice system and that domestic and international findings now leave the Government with no credible basis for further delay. A copy of the open letter can be downloaded here. You can also read more in The Independent and in Libertas Chambers’ previous update on the UN application filed on behalf of eight IPP prisoners.
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Latest Insights
Section 76(8) POCA: Does the New Provision Change the Position in R v Ahmad & Fields? On 29th June 2026, section 76(8) of the Proceeds of Crime Act 2002 (“POCA”) came into force. It was introduced in Schedule 21 of the Crime and Policing Act 2026 and in certain circumstances, it enables a Court proceeding under section 6 of POCA to reduce a defendant’s benefit to such amount (including zero) as the court believes is just. It is a discretionary power. To consider this new provision in context, we should briefly remind ourselves of a few non-exhaustive sections of POCA. When the Crown Court proceeds under section 6 of POCA, section 6(4) requires it to determine: (a) “whether the defendant has a criminal lifestyle” (b) “if it decides that he has a criminal lifestyle it must decide whether he has benefited from his general criminal conduct” and (c) “if it decides that he does not have a criminal lifestyle it must decide whether he has benefited from his particular criminal conduct.” For the purposes of POCA, a defendant has a “criminal lifestyle” if “the condition” in section 75(1) is satisfied. Section 75(2) provides that: “the condition is that the offence (or any of the offences) concerned satisfies any of these tests— (a) it is specified in Schedule 2; (b) it constitutes conduct forming part of a course of criminal activity; (c) it is an offence committed over a period of at least six months and the defendant has benefited from the conduct which constitutes the offence.” Section 76(4) of POCA provides that: “a person benefits from criminal conduct if he obtains property as a result of or in connection with the criminal conduct.” Section 76(7) provides that: “if a person benefits from conduct his benefit is the value of the property obtained.” Section 84 defines “property” in broad terms and section 84(2)(b) provides that property is “obtained by a person if he obtains an interest in it.” A rigid and formulaic application of sections 76(4), (7) and 84(2)(b) has occasionally led to some defendants being saddled with substantial and, on one view, wholly disproportionate benefit figures in their POCA proceedings. Indeed, many defendants might have been, and may continue to be, deterred from pleading guilty because the draconian scheme of POCA which follows can often result in staggering benefit figures which they find difficult to comprehend. Section 76(8) now gives the court a discretionary power in defined circumstances to mitigate and reduce a defendant’s benefit figure if a strict application of section 76(7) would lead to an unjust amount. Section 76(8) provides: “But in a case where— (a) the person— (i) intended to have only a limited power to control or dispose of all or part of the property, (ii) held the property temporarily, or (iii) is treated as obtaining the property as a result of section 84(3), and (b) the court believes that the amount found under subsection (7) in relation to the property would produce a result that would be unjust, the court may reduce that amount to such amount (including zero) as the court believes is just.” This article does not deal with section 76(8)(a)(iii) and the equally new section 84(3). It is confined to sections 76(8)(a)(i), (ii) and (b) and asks if they do no more than put the courier/custodian/minor contributor established case law on a statutory footing or if they go further and allow significant participants in jointly obtained property cases to reduce their joint benefit liability? Where multiple defendants jointly obtain property as a result of or in connection with their criminal conduct, each is invariably assessed for the full benefit amount; relief may come at the enforcement stage because the Crown is not permitted to double-recover the same benefit – see R v Ahmad and Fields [2014] UKSC 36. The discrete position of ‘paid couriers, custodians and other very minor contributors to an offence’ was recognised as long ago as 2008 in R v May [2008] UKHL 28 when their Lordships held that: “D ordinarily obtains property if in law he owns it, whether alone or jointly, which will ordinarily connote a power of disposition or control, as where a person directs a payment or conveyance of property to someone else. He ordinarily obtains a pecuniary advantage if (among other things) he evades a liability to which he is personally subject. Mere couriers or custodians or other very minor contributors to an offence, rewarded by a specific fee and having no interest in the property or the proceeds of sale, are unlikely to be found to have obtained that property. It may be otherwise with money launderers.” The question which the Court in May left open in respect of couriers, custodians and minor contributors in money laundering cases was subsequently answered in a similar way by the Court of Appeal in R v Allpress [2009] EWCA Crim 8. But what of other joint participants in serious crime whose precise role may not be easily discerned or accepted by the prosecution? Will they now be able to invoke section 76(8) to mitigate and seek a discretionary reduction in what would otherwise be a substantial joint benefit figure? And if so, how? In this context it is worth reminding ourselves of what the Supreme Court said in Ahmad in relation to property obtained as a result of a joint criminal enterprise, its value and thus the calculation of a defendant’s benefit: “46…where property is obtained as a result of a joint criminal enterprise, it will often be appropriate for a court to hold that each of the conspirators “obtained” the whole of that property… “48. In some cases, one or more of the conspirators may be able to show that he was only involved to a limited extent, so that he did not in any way obtain the property which was obtained as a result of the crime. Examples include acting as a paid hand in the enterprise … or a latecomer to a conspiracy in which nothing was obtained after his arrival … “49. It is clear from May … that the amount of the benefit which a defendant obtains is not affected by the amount which might be obtained by others to whom he transfers any part of it (any more than it can be affected by his payment out of the expenses of his criminal venture). However, there could be other cases where the court may be satisfied on the evidence that individual defendants obtained (ie assumed the rights of an owner over) only a specific part or share of the property which had been acquired as a result of the criminal activity… “50. There has sometimes been a tendency to equiparate joint involvement in the crime with joint ownership of the fruits of the crime. But the fact that the defendants were jointly responsible for the crime in question does not automatically justify a conclusion that they jointly obtained the resulting property… “51. The tendency to conclude that property is jointly obtained by criminals may also be attributable to the fact that it is often difficult to determine how the asset(s) obtained has, or have, been distributed between the defendants. Judges in confiscation proceedings should be ready to investigate and make findings as to whether there were separate obtainings. Sometimes of course this is too difficult or impossible. In many cases the court will not have before it all the conspirators for a variety of reasons… A court should never make a finding that there has been joint obtaining from convenience, or worse from laziness. Where the evidence supports a finding that the asset acquired from a crime was obtained effectively on a several basis, the judge should make it, but there are cases in which a finding of joint obtaining is the proper, indeed the only available finding, especially but not only where an inference or presumption that the defendants before the court were the only joint obtainers would be contrary to the probabilities.” The perennial problem identified in Ahmad may make the practical application of section 76(8) much more difficult than at first appears when it comes to complex multi-handed cases, particularly when the prosecution and defence cannot agree on the role played by a defendant and the value of the property which he obtained; or, the prosecution does not accept a defendant’s bare assertion in a Basis of Plea or section 17 Response that he obtained no property or played only a limited role and was little more than a paid hand. In such cases, it seems likely or inevitable that sworn evidence from a defendant seeking to rely on the new subsection would be required, for how else might a defendant begin to show or prove, depending on where the burden of proof lies, that he intended to have only a limited power to control or dispose of all or part of the property? Or, that he only held it temporarily? How might the court go about determining what limit there was on a defendant’s power, whether it was exercised and/or whether it was in respect of all of the property or only a part of it, without clear evidence about it or from which this might reasonably be inferred? Section 76(8) requires the Court to address these preliminary questions first before going on to consider whether the benefit figure arrived at following a strict application of section 76(7) would cause injustice such that it ought to be reduced to an amount which the Court considers just or to zero. This begs the question: in multi-defendant joint obtaining cases, how might the Court arrive at a just amount when the Supreme Court in Ahmad rejected the notion that the value of jointly obtained property could be apportioned across co-defendants? Quite how this will play out in practice in the context of joint obtaining cases remains to be seen. Might it lead to an increase in the number of defendants willing to give evidence in their confiscation proceedings on matters such as what property they did obtain, what property others obtained, how the joint enterprise or conspiracy in which they participated worked, how the wider spoils were divided, what power or control they and/or others had etc? Or, does none of this actually matter in such cases and might a Court refuse to entertain receiving such evidence because of the decision in Ahmad? Might this mean, in turn, that certain defendants, based on their perceived or believed role within a conspiracy or joint enterprise, would be precluded from invoking and relying on the new section? Alternatively, if and when raised by a defendant who played more than a discrete minor role in a joint obtaining case, will section 76(8) now require the Court to adjudicate on that which the Supreme Court said in Ahmad the Act did not appear to require when it said this: “In many cases it is often completely unclear how many people were involved in the crime, what their roles were, and where the money went. As a result, if the court could not proceed on the basis that the conspirators should be treated as having acquired the proceeds of the crime together, so that each of them “obtained” the “property”, it would often be impossible to decide what part of the proceeds had been “obtained” by any or all of the defendants. There is obvious cause for concern about having to inquire into the financial dealings between criminals who have together obtained property, especially given that the ringleaders are often not even before the court. It is one thing for the court to have to decide whether a defendant obtained any property, which the 2002 Act requires. It is another thing for the court to have to adjudicate on the respective shares of benefit jointly obtained, which the Act does not appear to require.” [para.56] Time will tell. By Adrian Kayne If you’d prefer to download the article on PDF please click here
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Small Boats and Gross Negligence Manslaughter: Two Years on from R v Bah Bah was a gross-negligence manslaughter case where causation principles were considered in the context of the defence raising issues concerning his own trafficking. The Court of Appeal focused on these issues of causation in the specific context of a channel crossing, including on novus actus interveniens. Since this case there have been changes in the law – with creation of a new offence – which could be viewed as an attempt to avoid future issues on the Bah point. Introduction 1. The case of R v Bah [2024] EWCA Crim 1499 (Bah) came before the Border Security, Asylum and Immigration Act 2025 and as such the new provisions could be regarded as designed to deal with the legal uncertainty created by this case. Whilst the court confirmed that someone trafficked can be held legally responsible for manslaughter, refugee groups criticised this decision as it can on one view criminalises victims as opposed to targeting the smugglers who run the operations. 2. Section 21 of the 2025 Act now provides for a new offence to deal specifically with an offence of endangering another during sea crossing to United Kingdom. Refugee charities remain critical of this development setting out their concerns that this further codifies the unfair targeting of asylum seekers who are coerced by smugglers and traffickers in carrying out small boat crossings. This offence came into force on the 5th January 2026, amending s. 24 of the Immigration Act 1971. The s. 21 offence provides that where there is the commission of an underlying offence and during the relevant period an act causes or created the risk of death or serious injury, an offence is committed which carries a term of 5 or 6 years imprisonment (depending on the underlying offence). This deftly avoids the causation issues for the offence of gross negligence manslaughter. 3. Many refugee charities have written articles and blogs criticising the new Act. In particular, the Refugee and Migrant Children consortium (RMCC), which represents a group of NGOs and not-for-profit organisations in the sector, published a document detailing their criticisms: available here. 4. The Law Commission are currently undertaking an evaluation of the law on homicide exploring structural changes to bring clarity to the existing legislation. This includes proposals to create tier-types for homicide offences including specified offending conduct in codified form. The Commission published a consultation paper on 17th June 2026 proposing a three-tier structure for homicide with the consultation open until 30th September 2026 and a final report aimed at 2028. The proposals include reform to manslaughter which could impact on offences of gross negligence manslaughter as examined by the Court of Appeal in Bah. For more information, click here. BAH Case Study 5. On 19/02/2024, the applicant was convicted following re-trial at Canterbury Crown Court. He was convicted of the following counts: a. Doing an act to facilitate the commission of a breach of UK immigration law by a non-UK national (contrary to s. 25(1) and (6) Immigration Act 1971). b. Four counts of gross negligence manslaughter. 6. The applicant was sentenced to 9 years 6 months immediate detention with all manslaughter charges having the same length imposed concurrently. In relation to the breach of immigration law, he received 4 years concurrent. The applicant appealed against conviction and sentence. Factual Matrix 7. The applicant was 20 years old at the time of his conviction. He had travelled from Senegal to the UK to claim asylum. He had travelled by boat from Libya to Italy and made his way to Dunkirk where he stayed in ‘The Jungle’ for around three months. The applicant’s plan was to find opportunity to cross the Channel into the UK. 8. The applicant had previous experience of handling boats as he worked with fishing boats back in Senegal. He had assisted in piloting the boat from part of the crossing from Libya into Italy. 9. It was accepted by all parties that traffickers operating in this area charge large sums for the chance to travel to the UK across the Channel in small boats. Most of these individuals who undertake such a voyage do so in the hopes of making claims for international protection. The applicant did not have money to pay for the crossing attempt, but the traffickers approached him offering free passage for himself and a friend if he agreed to steer the boat. The applicant agreed. 10. The applicant and others who were also involved in the crossing were taken by car to the point where the boat would depart. There were 45 people who were intending to be part of the voyage. 11. Traffickers were armed and had threatened as well as assaulted passengers. The traffickers provided an inflatable boat which some of the passengers inflated. Most of the passengers then lifted the boat up and took it to the water. 12. The applicant raised his concerns with traffickers about the boat’s construction and number of intended passengers. It was accepted by the trial judge that he had been put under ‘verbal and some physical pressure’ not to refuse the task he had previously accepted. 13. The crossing happened later that evening. Two passengers used their mobile phones for navigation. For the first 45 minutes the sea was calm and the passage proceeded smoothly. However, within an hour, water started to enter the boat. The volume of water was so significant that the applicant steered the boat towards a fishing vessel, the Arcturus. The Arcturus was engaged in dredging for scallops. 14. Panic inevitably set in, the applicant urged other passengers to stay calm and in their seats. Unfortunately, passengers did not adhere to these instructions. As passengers stood up, the floor of the boat broke, and the boat collapsed in on itself. This trapped some of the passengers inside. 15. The crew of Arcturus helped to save the boat; the applicant was captured on video holding onto a rope to prevent the boat from drifting away. The applicant remained on the boat until most passengers had boarded the Arcturus. Other rescue vessels arrived. 16. The applicant was distressed because his friend was one of those persons that had become trapped in the collapsed boat. In the aftermath of the incident, it was uncovered that 4 passengers had died. The survivors were taken to Dover where they claimed asylum. The Trial 17. The prosecution relied upon expert evidence of a powerboat instructor and author of the advanced handbook on powerboats. The expert had further undertaken training in marine accident investigation. 18. The expert described the skipper’s role on a vessel as the person in charge with the responsibility for the safety of passengers on board and the course of the journey to be taken. The expert concluded that the applicant fulfilled this function as he was placed in charge of the vessel including the responsibility for its safety and that of passengers. 19. It was accepted that the boat was not of satisfactory construction. A craft of this kind was not intended for use in open seas across large distances. There were no necessary safety and navigation equipment provided. The boat was not safe for the purpose of carrying 45 people on open sea. 20. The expert described the Channel as one of the ‘busiest shipping lanes in the world’. The Channel is subject to careful traffic regulation and attempting to cross without any lights was perilous as they would be invisible to larger vessels. 21. Moreover, the weather at the time was cold. The sea temperature was 11.2 degrees with air temperature of 3 degrees. There was a clear risk of cold-water shock for anyone who fell into the water. The expert concluded that there was a significant risk of death to passengers. This risk was assessed as very obvious to most people. 22. The trial judge formed the view that any passenger who embarked on the voyage did so ‘freely and voluntarily […] knowing of the risks.’ Some passengers had helped to inflate the boat and been involved in navigation which consequently made them participants in undertaking the crossing. 23. The applicant raised the defence of duress at the hands of the traffickers. The Jury returned verdicts of guilty to the immigration charge and gross negligence manslaughter. The Appeal 24. The applicant sought leave to appeal against conviction on the following grounds: a. Ground 1: jury irregularity which prevented a fair trial b. Ground 2: trial judge erred in rejecting submission of no case to answer on manslaughter c. Ground 3: trial judge erred in law in that they failed to direct the jury that the deceased’s voluntary choice to risk death by joining the crossing and whether this was significant or more than minimal cause of their deaths. Ground 1: Jury irregularity 25. Following the applicant’s conviction on 19/02/2024, the trial court received an anonymous communication by email that related to the jury. The email came from a colleague of a member of the jury and concerned suggestions that – contrary to the well-known principles of jury confidentiality and judicial warnings for a member not to discuss the case outside of their number whilst a trial is ongoing – these rules had been breached. 26. The registrar referred this email to the Attorney General’s office. The potential jury irregularity was investigated but no action taken. The applicant submitted that the reasons why no action was taken should have been provided to the court. The Court of Appeal rejected the applicant’s challenge that the juror irregularity made the conviction unsafe. They made the following points: a. The email was not received until after verdicts were returned; b. No concerns raised by any juror regarding any misconduct; c. No evidence that the juror’s conduct during trial would render the conviction unsafe. Ground 2: Submission of no case to answer 27. It was accepted that passengers had entered the boat voluntarily. The defence argued in half-time submission that their voluntary action of boarding the boat was a novus actus interveniens that broke the chain of causation. They exercised free-will and choose to embark on a dangerous voyage in full knowledge of the risks. The applicant relied upon the principles laid down in R v Kennedy (No 2) [2007] UKHL 38 as well as other key authorities. These authorities were used to show that the decision of each deceased to take part in the perilous journey was entirely voluntary which fails to establish causation. 28. The prosecution resisted these arguments. Firstly, they distinguished that Kennedy deals with unlawful act and not gross negligence manslaughter. There were clear causation issues in Kennedy because the prosecution failed to identify the unlawful act upon which the manslaughter charge could be founded. The prosecution argued that it was the applicant’s actions in driving the boat across the Channel that resulted in deaths which occurred during this ongoing act. There was no novus actus interveniens. 29. The trial judge rejected the submission of no case to answer. He accepted that each deceased made a free, voluntary and informed decision to travel on the boat driven by the applicant. However, the trial judge held that the defendant and deceased were acting in concert to travel to the UK undetected which meant there was no break in the chain of causation. 30. The Court of Appeal held that: a. Causation is a central issue in result crimes, because causation is used to link the defendant with the criminal consequences of their action. Any assessment of legal causation should maintain focus on whether the accused should be held legally responsible for the consequences of his action. [para 28] 31. The court further considered the six elements of gross negligence manslaughter as confirmed in R v Broughton [2020] EWCA Crim 1093 as follows: a. The defendant owed an existing duty of care to the victim. b. The defendant negligently breached that duty of care. c. At the time of the breach there was a serious and obvious risk of death. Serious, in this context, qualifies the nature of the risk of death as something much more than minimal or remote. Risk of injury or illness, even serious injury or illness, is not enough. An obvious risk is one that is present, clear and unambiguous. It is immediately apparent, striking and glaring rather than something that might become apparent on further investigation. d. It was reasonably foreseeable that at the time of the breach of the duty that the breach gave rise to a serious and obvious risk of death. e. The breach of the duty caused or made a significant (i.e. more than minimal) contribution to the death of the victim. f. In the view of the jury, the circumstances of the breach were truly exceptionally bad and so reprehensible as to justify the conclusion that it amounted to gross negligence and required criminal sanction. 32. The principles of causation dealt with in R v Wallace (Berlinah) [2018] EWCA Crim 690 were also considered. The Court of Appeal held the following at Paragraph 30: There are two well-recognised considerations: the first is that a chain of causation between the act of A and a result may be broken by the voluntary, deliberate and informed act of B to bring about that result; secondly, there is a distinction between “cause” in the sense of a sine qua non, without which the consequence would not have occurred, and “cause” in the sense of something which was a legally effective cause of that consequence. Where there are multiple legally effective causes, it suffices if the act or omission under consideration is a significant (or substantial) cause. There is a well-recognised distinction between conduct which (merely) sets the stage for an occurrence and conduct which on a common-sense view is regarded as instrumental in bringing about the occurrence. 33. They further endorsed the notion that the ‘free, deliberate and informed intervention of a second person, who intends to exploit the situation created by the first, but not acting in concert with him, is normally held to relieve the first actor of criminal responsibility.’ 34. The application made by the defence engaged the first limb of the test from R v Galbraith [1981] 1 WLR 1039. Namely, the evidence could not establish an offence having been committed by the applicant in this case because causation could not be established. 35. The Crown relied upon R v Wacker [2002] EWCA Crim 1944 which involved the facilitation of the illegal entry of 60 Chinese nationals to the UK in a modified refrigerated container of a lorry being driven by the appellant in that case. An air vent had been closed prior to the ferry crossing to prevent discovery of the individuals in the lorry. However, the vast majority died of suffocation with only two surviving. 36. The appellant in Wacker was charged with gross negligence manslaughter. The defence also made a submission of no case to answer which was rejected by the trial judge. On appeal the following was held: The criminal law has as its function the protection of citizens and gives effect to the state’s duty to try those who have deprived citizens of their rights of life, limb or property. Further the criminal law will not hesitate to act to prevent serious injury or death even when the persons subjected to such injury or death may have consented to or willingly accepted the risk of actual injury or death. 37. The applicant in Bah on this basis had to accept that he owed a duty of care to the deceased because he had assumed the role of skipper and had taken charge of the boat. The court held that there was no novus actus interveniens. The applicant and deceased were acting in concert in the same single episode that ended in death. Therefore, it was held that the trial judge was correct in rejecting the applicant’s submission of no case to answer. Ground 3: Voluntary Choice and Causation 38. The applicant submitted that the jury should have been directed on the deceased’s voluntary choice to risk death by joining the crossing as relevant to the issue of causation. 39. The Court of Appeal held that the trial judge correctly analysed that the deceased voluntarily joining the boat does not establish a break in the chain of causation. If the trial judge had given such a direction, it would have been a misdirection. Therefore, Ground 3 was also rejected. Appeal against Sentence 40. The sentencing judge treated the applicant as 20 years old and found he had low culpability as he was not involved in the organisation or coercion of passengers. He did not secure any financial gain except not having to pay for his own passage. 41. However, the judge did find a high degree of harm. The starting point was 5 years. The judge did consider the pressure he was put under, his age, his good character as well as mental health. The applicant also suffered traumatic hardships, and it was accepted that the applicant would struggle to cope in custody. Ultimately, the applicant received a sentence of 4 years on Count 1. 42. On Counts 2-5, the sentencing judge found higher culpability but did note that the deceased freely and voluntarily embarked on the journey in full awareness of the risks. The judge did note that the applicant remained on the boat to help other passengers. The judge had to sentence for four offences and in keeping with totality, the judge sentenced the applicant to 9 years 6 months concurrent with Count 1 of 4 years. 43. The applicant appealed against sentence stating that there should not have been a finding of a high degree of harm on Count 1. This argument was rejected by the Court of Appeal who approved the trial judge’s analysis of the factors to be considered when assessing harm. 44. The applicant also argued that in relation to the gross negligence manslaughter charges he should have been in a lower culpability category as his offending was lesser and subordinate to the traffickers who prey on the vulnerable. The applicant accepted medium culpability. 45. The Court of Appeal rejected these submissions. They noted that guidelines are not to be applied ‘mechanistically’. They concluded that there were features that indicated high culpability. The Court of Appeal noted that the applicant had persisted in conduct which demonstrated a clear disregard for the high risk of death. However, they did agree that the ultimate responsibility does lie with the traffickers. 46. The applicant also stated that the sentencing judge should have considered his age and other mitigating factors. The Court of Appeal rejected this stating that the judge was explicit about taking these factors into account. 47. The applicant then challenged sentence on the grounds that there was a failure to have proper regard to the principle of totality. The Court of Appeal did not agree the sentence to be manifestly excessive. They described the judge’s approach to totality as ‘unimpeachable’. Conclusion 48. Leave to appeal against conviction and sentence was refused. 49. In a time of great political upheaval on the topic of small boats and how different political groups have been accused of manipulating these narratives for their own agendas; this case should not be read as more than a comment on causation. To do so would be to misread the intentions behind the judgment of the Court of Appeal. The nuances raised triggered governmental response in the form of a statute dealing specifically with boat crossings. 50. There is an undeniable human tragedy at the heart of this case. People knowing that they take great risk of death to escape their circumstances. This indicates a level desperation that for many might evoke great sympathy. Reading this case may also elicit compassion for trafficked individuals like Mr Bah which would be an understandably human way to view his predicament – on his case he was forced to do what he did, and he did try to save people when things went terribly wrong. 51. Regardless of the emotional angles attached and notwithstanding recognition of the pressure the applicant was under this did not amount to the defence of duress. There was a general acceptance that Mr Bah’s vulnerabilities and circumstances mitigated his actions. However, the Court of Appeal focused on causation. This case goes no further than that. 52. Therefore, this case assists in relation to causation and confirms the application of the law without commenting on any political narrative arising out of asylum seekers and small boats. However, on one view the nuances arising out of this case caused the government to legislate for the new offence under s 21 perhaps to avoid these issues. The approach to prosecution of this offence and sentencing remains to be seen. 53. The Sentencing Council have launched a consultation on the proposed sentencing guidelines of these offences. Further information can be found here. By Alexandra‑Maria Eugenicos If you’d prefer to download the article on PDF please click here
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Stuck on You: Parasitic Hull-Mounted Narcotics, Maritime Forensics and Organised Crime at Sea For decades, maritime drug trafficking has been associated with concealed compartments, corrupt crews, and false cargo declarations. More recently, however, organised criminal groups have adopted a method requiring neither the knowledge of the shipowner nor the complicity of the crew. Instead, drugs are attached directly to a vessel’s hull below the waterline, allowing legitimate merchant ships, yachts and commercial vessels to transport illicit cargo unknowingly across international borders. Known variously as parasitic smuggling, hull-mounted trafficking or parasite trafficking, the technique represents one of the most sophisticated developments in maritime organised crime and drug smuggling. It exploits the vast scale of global shipping, the practical difficulty of inspecting submerged hulls, and the comparatively predictable movements of commercial vessels. This article examines how parasitic drug smuggling operates, why it has become attractive to organised crime groups, and the unique forensic and legal challenges it presents. What is parasitic smuggling? Parasitic smuggling involves securing packages of narcotics to the external hull of a vessel. Unlike traditional concealment methods, the drugs never enter the ship itself. Typically, waterproof packages are attached using: high-strength magnets bespoke steel cages epoxy or industrial adhesives straps secured around sea chests or structural fittings purpose-built hydrodynamic containers designed to minimise drag. Preferred attachment points include: sea chests stabiliser recesses bow thruster tunnels rudder assemblies propeller shafts bilge keels recesses beneath the counter stern. These areas provide concealment from casual inspection, while allowing experienced divers relatively rapid access. The operational model The attraction of parasitic smuggling lies in plausible deniability. A criminal group operating near the vessel’s port of departure attaches narcotics using commercial divers or specialist underwater teams. The vessel then proceeds on its ordinary commercial voyage. At the destination, another diving team removes the package before customs or port authorities become aware of its existence. If recovery fails, organised crime groups may simply abandon the package, rather than risk exposing the wider network. From the ship’s (and shipowner’s) perspective, nothing unusual may ever be seen to occur. The appeal of the practice  Parasitic trafficking offers several operational advantages. First, it avoids corrupting crew members, reducing the number of conspirators and therefore investigative opportunities. Secondly, the drugs never appear disguised as (or concealed in) legitimate items in cargo documentation or manifests. Thirdly, legitimate shipping companies unknowingly provide international transportation free of charge. Finally, should authorities discover the narcotics, proving knowledge on the part of the vessel’s operators may be considerably more difficult than where drugs are concealed within the ship itself. For organised crime, the vessel becomes an unwitting courier. Underwater delivery Attachment operations are often conducted: at anchorages; alongside commercial berths; during periods of reduced security; while vessels await pilots; during prolonged maintenance delays. Commercial diving equipment is sufficient for many operations. Increasingly, however, investigators have reported sophisticated methods including: closed-circuit rebreathers to minimise bubbles; diver propulsion vehicles; GPS-assisted positioning; underwater communications; purpose-built hydrodynamic containers. Some operations have also exploited remotely operated underwater vehicles (ROVs), although human divers remain the predominant method of recovery. Recovery operations  Recovery is often considerably more dangerous than attachment. Divers must identify the correct vessel among hundreds arriving within a major commercial port. Timing is critical, as is a degree of diving proficiency. Removal frequently occurs: before customs inspection; overnight; while vessels remain at anchorage; during pilot transfers; before cargo discharge. If the relevant authorities begin searching for underwater packages, recovery teams may abandon the operation entirely. Forensic challenges  Hull-mounted narcotics present unusual evidential issues. Unlike drugs recovered from cargo holds, there may be little or no evidence linking the crew to the package. Investigators instead rely upon a combination of: underwater photography; diver body-worn video; ROV footage; marine growth analysis; corrosion patterns; attachment marks; toolmark examination; fingerprint recovery where feasible; DNA profiling; fibre analysis; packaging examination; chemical residue testing. The underwater environment rapidly degrades many forms of forensic evidence. Salt water accelerates corrosion, removes biological traces and contaminates latent fingerprints. Consequently, underwater scene preservation becomes particularly important. The importance of underwater scene preservation  Once discovered, the temptation for teams may be to effect an immediate recovery of the drugs. However, premature removal can destroy valuable evidence. Investigators should consider: comprehensive underwater photography before disturbance; precise location mapping; measurements relative to hull features; examination of attachment mechanisms; recording marine growth; documenting corrosion interfaces; continuity of exhibits from recovery through laboratory examination. Underwater photogrammetry and three-dimensional modelling provide increasing opportunities to preserve the original scene before recovery. Marine growth as evidence  One particularly interesting forensic consideration is that of marine biology. Barnacle development, algal growth and biofouling may provide an approximate indication of how long a package has remained attached. Although environmental variables prevent precise dating, marine growth can assist investigators in estimating whether attachment occurred shortly before arrival, or much earlier during the voyage. Such evidence may become relevant when reconstructing the chronology of drug trafficking operations. Intelligence  opportunities  Parasitic smuggling often reflects sophisticated transnational organised crime. Successful investigations therefore often extend beyond the simple recovery of narcotics. In trying to collate the narrative behind the package, investigators may exploit: AIS vessel movements; CCTV around ports; harbour access records; diving equipment purchases; marina CCTV; mobile telephone data; financial intelligence; port worker intelligence; customs databases; previous targeting reports. The objective then becomes identifying both the attachment and recovery teams (and the parties behind them), rather than merely seizing the narcotics. Legal considerations  Parasitic smuggling raises difficult legal questions. Knowledge and possession become central issues. If neither the master nor crew knew of the narcotics, criminal liability may be difficult to establish. Investigators must distinguish between genuine ignorance and wilful blindness. Jurisdiction may also become complex where: attachment occurs in one State or jurisdiction; transit passes through several others; recovery is intended in a different State or jurisdiction; the vessel is registered elsewhere. This creates overlapping issues concerning territorial (and extraterritorial) jurisdiction, Flag State authority, and international co-operation. Mutual legal assistance, intelligence sharing and coordinated investigations are therefore essential for investigators to be able to effectively establish an evidential narrative as to what has occurred. The international legal framework  Parasitic drug trafficking presents a unique challenge for international law because the conduct often spans multiple jurisdictions. Narcotics may be attached to a vessel in one State, transported unknowingly through the territorial seas and exclusive economic zones of several others, and removed in an entirely different jurisdiction. The vessel itself may be registered under the flag of yet another State, while those responsible operate across several organised criminal networks. Such cases therefore require the coordinated application of international criminal law, the law of the sea and domestic criminal legislation. The Palermo Convention  The cornerstone of the international response is the United Nations Convention against Transnational Organized Crime 2000 (UNTOC), commonly known as the Palermo Convention. The Palermo Convention was designed to combat serious organised crime operating across international borders. Rather than creating detailed maritime enforcement powers, it establishes the legal architecture through which States cooperate in investigating, prosecuting and dismantling organised criminal groups. It provides a framework for mutual legal assistance, extradition, joint investigations, intelligence sharing and the confiscation of criminal proceeds. Hull-mounted narcotics operations illustrate precisely the type of criminal enterprise contemplated by the Convention. They typically involve structured groups operating over a sustained period, with clearly defined roles including organisers, logistics coordinators, divers, surveillance teams, transport facilitators and financial controllers. The deliberate compartmentalisation of these functions reflects the hallmarks of sophisticated transnational organised crime. In practice, prosecutions may depend upon the co-operation mechanisms established by the Palermo Convention. Evidence may need to be obtained from several jurisdictions, financial investigations coordinated internationally, and suspects extradited or prosecuted in the State best placed to do so. The Vienna Convention The principal treaty governing maritime drug interdiction is the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances 1988, often referred to as the Vienna Convention. Of particular importance is Article 17, Illicit Traffic by Sea. Article 17 requires States Parties to cooperate as fully as possible to suppress illicit drug trafficking at sea, consistently with the law of the sea. Where there are reasonable grounds to suspect that a vessel flying another State’s flag is involved in drug trafficking, the requesting State may seek confirmation of the vessel’s nationality and request authorisation from the flag State to board, search and, where appropriate, take enforcement action. This provision is especially relevant where intelligence indicates that a vessel is being used, knowingly or unknowingly, as a platform for parasitic smuggling. Although the narcotics may be attached externally rather than concealed within the ship, the vessel itself remains central to the trafficking operation. Co-operation between Flag States, coastal States, and law enforcement agencies therefore becomes essential. Article 17 has also encouraged the development of numerous bilateral and regional boarding agreements, enabling more rapid operational cooperation, while respecting Flag State jurisdiction. The Council of Europe’s 1995 Agreement implementing Article 17 is one prominent example. UNCLOS The United Nations Convention on the Law of the Sea (UNCLOS) provides the wider jurisdictional framework within which maritime drug interdiction occurs. Article 108 obliges all States to cooperate in suppressing illicit traffic in narcotic drugs and psychotropic substances carried by ships on the high seas contrary to international conventions. However, UNCLOS preserves the fundamental principle that vessels on the high seas remain subject primarily to the jurisdiction of their flag State. Accordingly, enforcement action against a foreign-flagged vessel suspected of involvement in parasitic trafficking generally requires either: the consent of the Flag State; authority under an applicable international agreement; or another recognised basis under international law. This balance seeks to preserve freedom of navigation while enabling effective suppression of transnational maritime crime. Evidential and jurisdictional challenges  Parasitic smuggling creates evidential difficulties extending beyond traditional drugs prosecutions. Discovery of drugs attached to the hull does not, without more, establish that the Master, officers or crew possessed the requisite knowledge or control. Investigators must, therefore, potentially distinguish between an innocent vessel exploited by organised crime and one whose operators were complicit. This requires careful analysis of intelligence, communications data, vessel movements, surveillance material, forensic examination of attachment mechanisms and, where available, financial evidence linking individuals to the criminal enterprise. For prosecutors, these investigations frequently depend upon the complementary operation of the Palermo Convention, the Vienna Convention and UNCLOS. Together, they provide for the relevant State legal mechanisms necessary to investigate, cooperate across jurisdictions and prosecute increasingly sophisticated forms of maritime organised crime. Implications for the maritime industry  Although relatively uncommon, compared to container trafficking, parasitic smuggling represents a disproportionate security concern – and is arguably on the rise as a form of narcotics trafficking. Shipping companies may, therefore, wish to consider: underwater hull inspections before departure from high-risk ports; random diver inspections; ROV surveys; enhanced waterside security; monitoring of unauthorised diving activity; crew awareness training; reporting procedures for suspicious underwater activity. Likewise, ports may also benefit from greater co-ordination between harbour authorities, customs agencies, coastguards and police diving units. Overall conclusions  Parasitic hull-mounted narcotics illustrate the continual evolution of maritime organised crime. Rather than compromising the vessel itself, traffickers increasingly exploit the ship as an unwitting platform, transforming legitimate commercial shipping into an unsuspecting component of an international drug supply chain. For investigators, these cases demand expertise extending well beyond traditional enforcement. Marine casualty investigation techniques, underwater scene preservation, forensic science, intelligence analysis, and international legal co-operation all become critical. As underwater technologies continue to develop, so too will the methods employed by organised criminal networks. Effective countermeasures will therefore depend upon multidisciplinary collaboration between maritime professionals, forensic investigators, law enforcement agencies and legal practitioners. Ultimately, the most valuable evidence may not be that within the ship, but what lies beneath… Prefer to read this article as a PDF? Download a copy here.
Chaynee Hodgetts
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FASD Training for Legal Professionals | SAFETRAC Webinar Libertas Chambers is pleased to bring you specialist training webinar focused on Fetal Alcohol Spectrum Disorders (FASD) and their impact across the criminal justice system. SAFETRAC is a research-informed training programme designed to equip barristers, solicitors and legal professionals with a clear understanding of FASD and the significant implications it can have in practice. Individuals with FASD are disproportionately represented in justice settings, with international estimates as high as 46%, and may face particular challenges in understanding their rights, participating in proceedings, and providing reliable evidence. This session will provide a practical and accessible overview of the causes and characteristics of FASD, and examine how these factors influence offending behaviour, police interviews, fitness to plead, and court participation. Drawing on case examples and lived experience insights, the training will also highlight key indicators that legal professionals can identify, alongside practical strategies to safeguard client rights and ensure a fair process. The webinar is delivered by the Salford FASD research team, Europe’s largest specialist group in this field, offering extensive expertise to support legal professionals in strengthening advocacy, ethical practice, and communication when representing vulnerable clients. Session Details Date: 5 May 2026 Time: 5:30pm – 7:30pm Location: Virtual Register: https://forms.office.com/e/ry4xJuRdef Speakers Dr David Junior Gilbert, Chartered Psychologist and University Fellow in FASD and the justice system Tania Goddard, Solicitor and PhD researcher in FASD and fitness to plead Uzma Naseem, Lawyer and PhD researcher in FASD and harmful sexual behaviours Dr Alan Price, Lecturer in Psychology specialising in FASD and trauma This webinar is free to attend for Law Firms and Legal Professionals in the Libertas network To ensure you don’t miss out on future events please register for our newsletter by clicking here.
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Libertas Chambers Supports The Economist Sustainability Week 2026 We’re pleased to share that Libertas Chambers is supporting The Economist’s Sustainability Week next week, and Chambers Member Tanveer Qureshi has been invited to speak on a topic that is moving quickly from “good practice” to live legal risk – 𝗚𝗿𝗲𝗲𝗻𝘄𝗮𝘀𝗵𝗶𝗻𝗴 𝘂𝗻𝗱𝗲𝗿 𝘁𝗵𝗲 𝗺𝗶𝗰𝗿𝗼𝘀𝗰𝗼𝗽𝗲: 𝗿𝗶𝘀𝗸, 𝗿𝗲𝗴𝘂𝗹𝗮𝘁𝗶𝗼𝗻 𝗮𝗻𝗱 𝗿𝗲𝗽𝘂𝘁𝗮𝘁𝗶𝗼𝗻𝗮𝗹 𝗿𝗲𝗮𝗹𝗶𝘁𝘆 🗓️ Tuesday 3 March 2026 | 15:00 GMT | 30 minutes 📍 InterContinental London – The O2 This invitation reflects Tanveer Qureshi’s growing presence in ESG and sustainability – related regulatory work, and the increase in instructions in matters where environmental claims, disclosures, and supply-chain assurance are central issues. Ahead of the session, Tanveer comments: “As scrutiny intensifies, environmental claims are no longer a marketing flourish. They are increasingly treated as statements that must be evidenced and, if they are not, the consequences can be regulatory, commercial, and reputational. In my session, I’ll look at what is changing in practice: where enforcement attention is landing, how claims are being tested, and why businesses with complex supply chains are often the most exposed. The focus will be practical: what “good” looks like in 2026 for manufacturers, retailers, and brands – particularly when it comes to substantiation, governance, and the internal controls that sit behind sustainability messaging. I’ll also cover the UK landscape and regulators, including the CMA and ASA, and how their approach feeds into wider board-level risk management.” Visit the event site for more details: https://events.economist.com/sustainability-week/
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Urgent Submission to UN on Medical Neglect of Guantanamo Detainee by Felicity Gerry KC Dr Felicity Gerry KC makes an urgent further submission to the Special Rapporteur’s Mandate on torture and other cruel, inhuman or degrading treatment or punishment regarding Mr AMMAR AL-BALUCHI held in Guantanamo Bay Mr al-Baluchi has been detained at Guantanamo Bay, Cuba (‘NSGB’), by the United States government since 5 September 2006 after being detained at CIA ‘black sites’ across North Africa, Asia and Europe between 2003 and 2006. He has now been imprisoned for 22 years with no conviction. He was held incommunicado for at least 3 years, was subject to extraordinary rendition and interrogation techniques, and was at one-stage used as a ‘torture prop’ by a rogue interrogator who used him to train other interrogators in his particularly harsh brand of information extraction. In April 2025, the Guantanamo Bay military commission ruled that admissions Mr al-Baluchi made were not admissible because the information was obtained by means of torture.  The fact of Mr Al-Baluchi’s torture is unequivocal. As a direct result of his treatment Mr al-Baluchi suffers from on-going physical and psychological health conditions. These conditions have largely gone untreated. This submission concerns the fact that Mr al-Baluchi has been diagnosed with a spinal tumor and doctors visiting NSGB have determined that he will need surgery to investigate, treat and/or remove it. The kind of specialised medical care that this requires cannot be accessed at NSGB. Dr Corry Jeb Kucik, a former Congressionally-mandated oversight Chief Medical Officer (CMO) at NSGB, and currently, Full Professor of Anaesthesiology and Pain Medicine at the University of Washington School of Medicine, and consultant to the Military Commissions Defense Organization has provided a report (attached) on this matter that plainly states that Mr al-Baluchi’s surgery should beundertaken in the United States or at another Host Nation with the ‘expertise, equipment, required caseload and support structures in place for all potential surgical misadventures’.  Professor Kucik’s report is unambiguous that NSGB is incapable of safely providing complex care for detainees in a timely manner, as is required by Geneva Convention obligations. Without adequate and immediate medical care Mr al-Baluchi risks a worsening of his condition that is tantamount to torture or ill-treatment. Therefore, it is important that this issue is addressed by the Special Rapporteur urgently, alongside the extant issues of Mr Al-Baluchi’s historic torture, to help ensure that the United States comply with their obligations under international law as to his treatment (and the treatment of other detainees at NSGB in similar circumstances). You can read the further submission here You can read the previous submission here
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